A Clarkston man has been found not guilty of murder in the 2010 shooting death of his stepson’s best friend.
A DeKalb County jury deliberated for three hours Thursday before acquitting Juan Malloy, 46, of all charges in the killing of Montinez Gibbs.
In an apparent struggle, Gibbs, 23, was shot and killed on July 12, 2010, in what Malloy has maintained was an accident.
Malloy turned himself in to DeKalb police and remained jailed on murder, felony murder, malice murder, aggravated assault and gun possession charges until the trial.
Witnesses testified that Gibbs was drunk and began acting erratic after Malloy wouldn’t give him a cigarette.
Malloy testified in his own defense, saying he and Gibbs struggled over a gun that Gibbs had. Malloy told the court that the gun fired as he tried to point it in a safe direction.
“I loved your son just like I love my son,” Malloy told Gibbs’ family through tears from the witness stand. “I never meant to hurt him. I apologize.”
Malloy’s attorney, Mawuli Mel Davis, reiterated that Malloy didn’t mean to harm Gibbs.
“Mr. Malloy is an innocent man who was placed in a dangerous situation,” Davis said after the trial.
Malloy was awaiting release Friday.
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